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How long does it take to divorce in general litigation?

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How long does it take to divorce in general litigation?


        

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  • 2024-06-22 04:00:56

    Generally, divorce cases need three months according to the summary procedure, six months according to the ordinary procedure, and three months for the second instance. Therefore, divorce disputes generally last for three months at least and six months at most.
    When the first divorce lawsuit is filed, if the other party insists on not wanting divorce, and the judge determines that the relationship between husband and wife is not completely broken, the first lawsuit will not be divorced, and the second lawsuit will be filed six months after the judgment comes into effect. The second divorce lawsuit will be filed by the judge in general, regardless of whether the other party agrees to divorce or not. According to this time limit, if the final divorce goal is achieved after two prosecutions, it will take about one year. In foreign-related divorce proceedings, due to the more complex procedures, if the other party deliberately delays, the time will be longer.
    According to the relevant provisions of the Civil Procedure Law of China, the prosecution to the court should be completed within three months. In litigation practice, the court in Nanjing usually takes about 20-30 days from the time of prosecution to the time of hearing. If the defendant firmly disagrees with the divorce during the hearing, the court will make a judgment about half a month after the hearing.
    Article 119 of the Civil Procedure Law of the People's Republic of China
    Article 123 of the Civil Procedure Law of the People's Republic of China

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